Guinta v. Yoost Photo Play Theatre Co.

126 Misc. 375, 213 N.Y.S. 394, 1926 N.Y. Misc. LEXIS 568

• Court: Appellate Terms of the Supreme Court of New York
• Decided: January 21, 1926
• Status: Published

Opinion

Per Curiam.

The trial judge has the power to grant or deny a motion upon legal grounds to set aside a jury’s verdict. But when that authority is once exercised his statutory powers are exhausted. (Colwell v. N. Y., N. H. & H. R. R. Co., 57 Misc. 623; Duran v. Chelsea Exchange Bank, 123 id. 158; Conolly v. Jolly, 86 id. 42.) It was, therefore, error for the court to entertain the motion for a reargument of its denial of the motion to set aside the verdict which error requires a reversal of the order. The order appealed from is reversed, with thirty dollars costs, and verdict reinstated.

All concur; present, Guy, Wagner and Lydon, JJ.